L. H. Woods & Co. v. Half, Weiss & Co.
Texas Supreme Court
Appeal from Galveston.. Tried below before the Hon. A. P. McCormick. This was a trial of the right of property, under the statute, in certain merchandise levied on under an execution in favor of L. H. Woods & Co. against J. R. Brooks, and claimed by Half, Weiss & Co. The merchandise had been bought by Brooks, at Galveston, of Half, Weiss & Co., on a credit of ninety days, and at the time of seizure by the sheriff were boxed up, marked with Brooks’s name and place of…
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Appeal from Galveston.. Tried below before the Hon. A. P. McCormick. This was a trial of the right of property, under the statute, in certain merchandise levied on under an execution in favor of L. H. Woods & Co. against J. R. Brooks, and claimed by Half, Weiss & Co. The merchandise had been bought by Brooks, at Galveston, of Half, Weiss & Co., on a credit of ninety days, and at the time of seizure by the sheriff were boxed up, marked with Brooks’s name and place of residence, and on the dray on the way to the wharf in the city of Galveston for delivery to the Houston Navigation Company, a…
1Opinion of the Court
Ireland, Associate Justice.
Law writers and courts have given some general rules governing questions like those involved in this case, but a careful examination will show that each case has been controlled by its own attendant circum*635stances. There is, however, one thing that courts have ever sought for, and if found clearly and unmistakably, it has been of controlling force: that is, the intention of the parties.
Some writers make the point at which the seller’s duty in the premises ceases, the initial point of a change of property.
In the case of Gerard v. Prouty, 34 Barb., 456, which was a…
2Cases cited1 opinion
- Duncan v. McMahanTexas Supreme Court · 1857
3Cited by16 opinions
- Atlas Torpedo Co. v. United States Torpedo Co.Court of Appeals of Texas · 1929
- O'CONNOR v. Fred M. Manning, Inc.Court of Appeals of Texas · 1953
- Shearman v. PoeCourt of Appeals of Texas · 1928
- Pierce Oil Co. v. CarrollCourt of Appeals of Texas · 1925
- Republic Building & Loan Ass'n v. SimpsonCourt of Appeals of Texas · 1935
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